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ARTICLE · 08 MAY 2018

IP: double walled difference: Pi-design AG [2018] ADO 2

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Article discusses case that shows the importance of using an appropriate SND to indicate new and distinctive features. .

AustraliaIntellectual Property
Andrew Lowe
Andrew Lowe
Russell Davies
Russell Davies
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Background

This is a decision of IP Australia as the Australian Designs Office on the validity of a registered design for a coffee maker by Pi-Design AG (Pi). In Australia, designs are examined only for formalities before registration. However, it is necessary to request substantive examination to enforce the registered design – this process is called "certification".

In this case, Pi obtained registration for its design for a coffee maker – Design No. 201515424, Registration No. 365096 (the Design) – and requested examination of the Design. An examination report issued, citing Pi's earlier design for a coffee maker, Design No. 201514163, Registration No. 363750 (the Earlier Design), as rendering the Design invalid. After a response to the examination report was unsuccessful, Pi requested to be heard on the issue.

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